Overview of the Regulations
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 came into force from 1st June 2020.
Landlords in the Private Rented Sector (PRS) must ensure every electrical installation in their residential premises is inspected and tested at intervals of no more than 5 years by a qualified and competent person.
These Regulations apply in England to:
- all new specified tenancies from 1st July 2020;
- all existing specified tenancies from 1st April 2021.
Requirements
An Electrical Installation Condition Report (EICR) must be acquired before the commencement of any new tenancy from 1st July 2020 and any existing tenancy from 1st April 2021. The checks ensure that all electrical installations in the property, such as light fixtures and electrical sockets, are safe before the tenant moves in. Properties that pass the EICR will keep the certification for five years. When the EICR expires, a new one will need to be obtained.
Landlords must supply a copy to each tenant within 28 days of the inspection. They must also retain a copy so that they can supply one to their local authority if asked, and also so they can supply one to the next assessor when the time comes to renew their report. Landlords must also supply a copy of the most recent report to any prospective tenant within 28 days of it being requested in writing.
What If My Property Failed the Checks?
If the report requires the landlord to make repairs to ensure the safety of the property, then these repairs must be made by a qualified person (e.g. an electrician) within 28 days, unless the report specifies the work must be performed sooner.
The qualified person must then provide the landlord with written confirmation, either that the safety standards are now met, or that further work is required. This written confirmation must then be supplied to each tenant within 28 days of the initial work being completed. It must also be provided, along with a copy of the original report to the local housing authority within 28 days of the further work.
Penalties for Not Having an EICR
From 1st July, landlords who fail to conduct an EICR (and any work it recommends) before a new tenancy commences will face a fine of up to £30,000. Local authorities will be responsible for enforcing the new rules, as specified under the Housing Act 2004.